Human resources and labor relations

Supreme court review: disability plans - treating physician rule

Article Abstract:

The Supreme Court in the Black & Decker Disability Plan v. Nord has ruled that ERISA does not require the administrator of welfare plan to give special deference to the physician's opinion but at the same time the administrator cannot refuse to credit the opinion of the physician or any other evidence.

The Supreme Court in the Clackmas Gastroenterology Associates v. Deborah Wells case has ruled that for determining the status of an employee in a "covered entity" subject to Americans with Disabilities Act the Equal Employment Opportunity Commission's six relevant factors provide the guidelines.